PA Chief Justice Castille Objects to Judicial Nominations Made Despite Moratorium

The Legal Intelligencer
Amaris Elliott-Engel
October 08, 2010
http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202473135344#

Pennsylvania Chief Justice Ronald D. Castille is objecting to six judicial nominations made in the last two weeks by Gov. Edward G. Rendell despite a moratorium on appointments struck this spring between the two.

In May, Castille and Rendell agreed to keep some 20 vacant judgeships empty in an effort to save judicial funds. The only exception to the moratorium would be if a county court could convince Castille filling a judicial vacancy was necessary to manage caseloads.

In one letter sent Thursday to Rendell and in one letter sent Thursday to state Senate leaders, Castille said that no president judge of any county has asked the state Supreme Court to fill the vacancies. Castille wrote he could "only conclude that it is political pressure and not practical necessity that gives rise to these nominations."

The six nominations are for a Bucks County Common Pleas judgeship, a Philadelphia Common Pleas judgeship and Washington County Common Pleas judgeship, a Columbia County magisterial district judge, a Lancaster County magisterial district judge and a Lehigh County magisterial district judge.

Gary Tuma, Rendell’s press secretary, said today that the Rendell administration understood that state Sen. Dominic F. Pileggi, R-Delaware, the state Senate majority leader, had spoken to Castille and the two had agreed that six nominations should be considered.
"Our understanding is that Sen. Pileggi discussed these with the chief justice and these were going to move forward," Tuma said. "I’m not exactly sure where the breakdown is." Earlier in the week and before Castille’s letter came to light, Tuma had said the nominations were proceeding despite the moratorium because the need had been demonstrated to Castille.

Castille confirmed in an interview Friday that he had spoken with Pileggi, but Castille said that he told the senator that "if you’re under political pressure tell whoever the sponsor is to talk to the president judge and have the president judge talk to me."

Later, Castille added: "If it is accurate, if they really need the people and it can’t be handled by senior judges, then we might relent."

Erik Arneson, Pileggi's spokesman, wrote in an e-mail that "members representing those judicial districts, based on the information available to them, believe it is appropriate to fill these vacancies at this time. We will certainly consider the chief justice’s opinion prior to any final action on these nominations received from the governor. "

Castille sent Rendell a three-page letter April 27 requesting the freeze because, he wrote, the governor’s proposed budget has put the state’s judicial system in a "precarious financial position."

Read more about it in Monday's Legal.